SPOTLIGHTONBROADWAY.COM
TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE SPOTLIGHTONBROADWAY.COM WEBSITE, INCLUDING BUT NOT LIMITED TO ALL SUBPAGES, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS.

1. ACCEPTANCE OF TERMS
The Mayor’s Office of Media and Entertainment (“MOME”) welcomes you to the website SpotlightOnBroadway.com (the “Site”). The following Terms of Service (“Terms”) govern the use of the Site. By using or visiting the Site, you are expressly agreeing to be bound by these Terms and to follow these Terms and any applicable laws and regulations. MOME reserves the right to change the Terms, at any time, without notice. Your failure to follow these Terms may result in suspension or termination of your access to the Site without notice.

2. LANGUAGE OF THE TERMS
Where MOME has provided you with a translation of the English-language version of the Terms, you agree that the English-language version shall govern your relationship with MOME. MOME has provided the translation solely for your convenience. Should there exist any contradiction between the English-language version and a translation, the English-language version shall take precedence.

3. USE OF SITE
The Site is intended for your own personal and noncommercial use. You agree you will not sell, lease, rent or provide any good or service or otherwise transact on the Site. You hereby represent and warrant that you are the owner or otherwise have the right to provide any materials that you upload, post, email, transmit or otherwise make available via the Site. The Site contains materials supplied by MOME and its employees, affiliates and partners, as well as other sources, and is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by MOME, you may not reproduce, modify, copy, republish, post, transmit, upload, distribute, sell, license, rent or adapt or create a derivative work of, in any manner, any material, content or design elements obtained from the Site.

4. THIRD-PARTY SITES
The Site may contain links or produce search results that reference or link to websites wholly owned and controlled by third parties (“Third-Party Site”). MOME hereby disclaims any responsibility or liability for the accuracy or offensiveness of the content or information that is contained and/or provided by the Third-Party Sites. By using the Site to link to a Third-Party Site, you agree that MOME will not be liable to you for any damages or losses from your use of the Site to link to the Third-Party Site.

5. COPYRIGHT AND TRADEMARK
The content, organization, design elements, graphics, text, images, video, compilation, advertising, marks and all other material on the Site are protected under applicable copyrights, trademark and other proprietary (including but not limited to intellectual property) rights and are the property of MOME or its licensors. The copying, distribution, modification, unauthorized use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

6. LIABILITY DISCLAIMER
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE INFORMATION ON THIS SITE IS PROVIDED "AS IS." THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOME MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME. MOME DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMLINESS OR COMPLETENESS OF ANY OF THE INFORMATION MADE AVAILABLE ON THIS SITE. MOME, ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. MOME, ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL MOME, ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION. YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

7. INDEMNITY
You agree to indemnify and hold MOME, and its employees, officers, directors, partners, agents and licensors harmless from any loss, liability, claim or demand (including reasonable attorneys' fees) from any claim made by any party due to or arising out of your use of the Site..

8. GENERAL INFORMATION
Choice of Law and Forum: The Terms and the relationship between you and MOME shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York.

Waiver and Severability of Terms: The failure of MOME to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

SPOTLIGHTONBROADWAY.COM
PRIVACY POLICY

Collection of Information by SPOTLIGHTONBROADWAY.COM
In order to improve the content and usability of this website, the Mayor’s Office of Media and Entertainment (“MOME”) automatically collects several categories of information from Users. This information includes the following:

1. The apparent Internet Protocol ("IP") address of your Internet Service Provider ("ISP") and/or your computer, if your computer has an IP address assigned directly to it. 1

2. The apparent Fully Qualified Domain Name ("Domain Name") of your Internet Service Provider ("ISP") and/or your computer, if your computer has a domain name assigned directly to it. 2

3. The type of browser (such as, for example Internet Explorer, Opera, Firefox, Chrome, etc.) used and the operating system resident on a user's computer.

4. The date and time a user visited the site.

5. The web pages accessed at the site, as well as any applications used.

6. The Uniform Resource Locator ("URL") of the site which a user visited prior to SpotlightOnBroadway.com (if detectable), if such user did not connect directly to SpotlightOnBroadway.com, or use it as a homepage or "Portal.”

MOME uses this information to identify site performance needs; to ensure compatibility with the technology used by SpotlightOnBroadway.com’s visitors, and to generally add and improve services offered on SpotlightOnBroadway.com. In order to accomplish those goals, from time to time, MOME may conduct statistical analysis of the data it collects.

MOME does not collect data for commercial or marketing purposes, 3 and MOME does not sell, exchange or otherwise distribute the data collected by SpotlightOnBroadway.com for commercial or marketing purposes.

Information Submitted to SPOTLIGHTONBROADWAY.COM
During a session on NYC.gov, a user may affirmatively submit information to SpotlightOnBroadway.com.

MOME does not rent or sell personally identifiable information (i.e., information such as name, address, phone number, e-mail, etc., that identifies a user as a particular person), nor would MOME exchange or trade such information with third-parties without a user's explicit permission.

Cookies
Cookies are text files, or entries in larger files, utilized to distinguish between visitors to a website, and to track information during multiple visits to a website. MOME uses "temporary cookies" 4 on some parts of SpotlightOnBroadway.com and such temporary cookies expire upon the end of the browsing session. This website does not use "persistent cookies."5

The use of cookies is a standard practice among Internet websites. Most Internet web browsers may be customized to reject cookies, to only accept or reject cookies by User intervention, or to delete cookies. Rejecting and/or removing cookies, however, may lead to loss of functionality on those SpotlightOnBroadway.com pages requiring cookies to function fully.

Web Bugs (a/k/a Web Beacons)
SpotlightOnBroadway.com does not use web bugs6 on its web pages or in any html e-mail generated by use of the portal, or otherwise sent from spotlightonbroadway.com, for any purpose other than to identify site performance needs; to ensure compatibility with the technology used by spotlightonbroadway.com visitors, and to generally add and improve services offered on spotlightonbroadway.com.

Children
No applications on SpotlightOnBroadway.com specifically solicit information from minors or seek to determine whether the visitor is a minor. Consequently, because such information will not be specifically identified as being from minors, such personally identifiable information submitted to SpotlightOnBroadway.com by minors will be subject to being treated in the same manner as information given by an adult.

MOME strongly believes that parental supervision is an important factor in Internet use by minors. Therefore, SpotlightOnBroadway.com asks parents to guide their minor children when children are asked to provide any personal information online. SpotlightOnBroadway.com further asks that children ask for and receive their parent's permission before providing any information online.

Third Party Links
SpotlightOnBroadway.com provides links to, and may be linked from, other websites. The existence and/or provision of those links neither constitutes nor implies endorsement of the destination or departure website(s) or of the content, viewpoint, accuracy, opinions, policy(ies), product(s), accessibility or privacy policy of said destination or departure website(s). Nor does any link between SpotlightOnBroadway.com and a third-party website imply sponsorship of such website, or the creator of such website.

Intellectual Property
The content of SpotlightOnBroadway.com’s webpages is copyrighted, and contains some third party images/graphics that are used with permission. Users are notified, therefore, that one should presume the need to obtain permission from the copyright holder before reproducing or otherwise using images/graphics from this website.

SPOTLIGHTONBROADWAY.COM may change this policy from time to time, and reserves the right to do so without notice.

Privacy Statement Footnotes
1 An IP address is a numeric value assigned to an Internet Service Provider, a computer network, an individual computer or router, or a firewall (collectively, "users") so that other computers on the Internet may direct Internet message or other traffic to such users. Until the IP addressing system is changed, an IP address will take the form of XXX.XXX.XXX.XXX, where the X's are numbers between 1 and 9, and 0 for some positions.

2 A Domain Name is an alphanumeric value that represents the plain language (English or such other local language as is relevant) translation of the IP address assigned to a specific user or collection of users. For example, if a user had an IP address of 123.123.123.123, the Domain Name that represented that address might be WWW.HOME.COM.

3 Commercial and non-commercial marketing purposes include, for the purposes of this policy, Unsolicited Commercial Electronic Mail (colloquially known as "SPAM" e-mail), targeted e-mail for the purpose of selling products, or the sale or exchange of personally identifiable information between parties that anticipate receiving value in exchange for such information.

4 Temporary or "Session Cookies" are cookie files that last or are valid only during an active communications connection, measured from beginning to end, between computer or applications (or some combination thereof) over a network.

5 Persistent cookies are cookie files that remain upon a user's hard drive until affirmatively removed, or until expired as provided for by a pre-set expiration date.

6 A web bug is a clear, camouflaged or otherwise invisible graphics image format ("GIF") file placed upon a web page or in hypertext markup language ("HTML") e-mail and used to monitor who is reading a web page or the relevant email. Web bugs can also be used for other monitoring purposes such a profiling of the affected party.